A short test drive and a quick look around are not always enough to detect a serious fault. A blown head gasket, hidden corrosion in the load-bearing structure, a tampered odometer – these are defects that an ordinary buyer cannot identify without specialist testing. The law protects buyers against surprises of this kind, but pursuing a claim effectively requires prompt action and proper documentation.
What a Physical Defect in a Vehicle Is
A physical defect in a vehicle arises where the car does not have the properties it should possess given its type and purpose, does not meet the purpose agreed between the parties, does not have properties the seller assured the buyer it possessed, or was handed over in an incomplete state.
Where the car was purchased from a trader (a dealer, car lot or showroom), the provisions of the Consumer Rights Act on conformity of goods with the contract have applied since 1 January 2023. The seller is liable for two years from the date of delivery. Where the car was purchased from a private individual, the statutory warranty provisions of the Civil Code apply – the seller is liable for one year from delivery, and the buyer should notify the seller of a defect within one month of discovering it.
The Most Common Hidden Defects in Practice
A blown head gasket. One of the more frequent hidden defects – invisible during a standard inspection and typically emerging after some time in use. Symptoms include the engine overheating, loss of coolant or white smoke from the exhaust. Repair costs can run to several thousand zlotys.
Low engine oil pressure. A problem that requires specialist diagnostics – a short test drive will not reveal it. Court-appointed experts in cases involving this defect consistently find that detection requires extended computer diagnostics.
Corrosion of load-bearing components. Frequently concealed with underseal compounds or a recently applied coating. Particularly serious where it affects safety-critical components – longitudinal members, sills, crossbeams. Courts treat hidden structural corrosion as a significant defect justifying withdrawal from the contract.
Odometer tampering. Manipulating the mileage reading is simultaneously a physical defect and a criminal offence under Article 306a of the Criminal Code. Technical reports can detect discrepancies through analysis of onboard computer data, service history and the wear of consumable components.
Concealed accident history. A car sold as accident-free that in reality has sustained serious damage. A court-appointed automotive engineering expert can establish the history of repairs from the nature of the damage, materials used and repair method – even years after the work was carried out.
Faulty safety systems. Non-functioning airbags, seatbelt tensioners or ABS are defects that directly endanger life and health. Courts treat them as significant defects regardless of the vehicle’s value.
What to Do After Discovering a Defect
Notify the seller without delay. Where the car was purchased from a private individual, you have one month from discovering the defect to notify the seller – missing this deadline means losing your warranty rights. Send the notification by recorded post with proof of delivery. Where the car was purchased from a trader there is no fixed monthly deadline, but acting quickly is advisable.
Document the defect. Photographs, video footage, computer diagnostic printouts, a workshop assessment – the more documentation, the stronger the evidential position. Do not have the vehicle repaired before making the complaint without the seller’s knowledge, unless safety requires it – and in that case, document it carefully.
Commission a report from an independent expert. A private technical report is the foundation both for the complaint and for any subsequent court proceedings. Its cost can later be claimed from the seller as part of the loss suffered.
State your claim clearly. In the complaint, specify what you are demanding: repair of the defect, a reduction in price, or – where the defect is significant – withdrawal from the contract and a refund of the purchase price.
What You Can Claim
Where the car was purchased from a trader, the first remedy is repair or replacement. If this is impossible or the seller refuses – a reduction in price, or withdrawal from the contract where the defect is significant. Where the car was purchased from a private individual, you may demand repair, replacement, a price reduction, or – where the defect is significant – withdraw from the contract.
Beyond the purchase price, you can claim compensation for losses incurred: the cost of the expert report, towing, insurance for the period during which the defective vehicle was used, and other expenses connected with the purchase.
Contact Us
If you have discovered a defect in a vehicle you have bought and are wondering how to pursue your rights effectively, it is worth discussing the matter with a lawyer.
It pays to be properly prepared: both in knowing what you can claim and in having a clear strategy.
We handle cases for drivers in Poznań and across the Wielkopolska region, with in-person and online consultations available for clients elsewhere in Poland.
Adwokat Marta Krzyżanowicz and Adwokat Michalina Koligot Law Firm “Adwokat dla Kierowców w Poznaniu” ul. Adama Mickiewicza 18/3, 60-834 Poznań tel. +48 795 001 536 · +48 531 335 713 kontakt@adwokatdlakierowcy.pl · www.adwokatdlakierowcy.pl
This text is for general information purposes only and does not constitute legal advice. Every case requires individual analysis.
